He filed bankruptcy so he won't have to pay arrears ($15k+) for like 7yrs. A condition of that is he is required to make each weekly payment($100 -ordered when child was 3 and he's 12 with not one cost of living increase), without fail. Several weeks back, I received an amount over the... Read more »
You should contact MA DOR - Child Support Enforcement Division to confirm, but your ongoing payments should not be impacted by any overpayments if there is an arrears balance. Any overpayment should be applied to the oldest outstanding payment. It is possible he received a tax return that was...Read more »
My daughter is four. Her dad hasn’t paid anything since she was maybe one. Barely sees her. Maybe once a month; some months, never. I’ve never done this before so I don’t know what to do next other than wait. He received something in the mail & did nothing. I still haven’t heard... Read more »
If there was a prior order for child support that the dad isn't following, you could file a Complaint for Contempt. If there was no prior order, you would need to file a Complaint to Establish Paternity or a Complaint for Custody Support and Parenting Time.
If by legally you mean that your husband adopted your son and your husband's name is on the birth certificate, I don't think the biological father can do anything because he would have been notified about the adoption. If your husband isn't on the birth certificate then the...Read more »
My son is 19 and will be finishing school soon. Child support was started in Florida in 2012 but due there being a paternity file that was started in Massachusetts on 12/2002 the amount of support i pay is based on Massachusetts calculations. So I am not sure if I will need to be going to... Read more »
That is a tough one without looking at the actual order. I would recommend talking to an attorney in Florida if there is an order out of Florida that your child support is based on. It could be that it is enforcing a Massachusetts order, but I think Florida is the right place to start.
Paternal g.parents have temp. Guardianship. They accused me of drug abuse for the first time out of 3 or 4 previous hearings. I have never been in trouble or in treatment for drug abuse. The court ordered hair follicle testing. G. Parents have zero proof. My ex claimed on the day of the assault I... Read more »
If you have no history of drug abuse you should just take the hair follicle and then you eliminate that as an issue that can be used in your case. If you are trying to avoid the hair follicle because of what it will show, then there isn't really much you can do if it was already ordered. If...Read more »
There is nothing in Probate and Family Court that you absolutely need an attorney for, many people represent themselves. In your situation, you may want to speak with an attorney or even DCF (depending on why there are no visits currently) to understand what you can do to get you closer to having...Read more »
In my experience, judges don't have a lot of patience for things that aren't a good use of their time, like having a hearing that doesn't accomplish anything because one party hasn't provided info they were supposed to provide. Judges have a lot of discretion in how they handle...Read more »
If someone was served to appear in court for non payment of alimony and yes it was court ordered and he does not show can a warrant be issued for his arrest or could the do something with his electrical license?
If he doesn't appear for court the judge can issue a capias (basically a warrant) to have him brought before the Court by a sheriff. There are a lot of things that could happen as a remedy for the person that was supposed to receive the alimony, like the assignment of wages. Civil contempt...Read more »
I have a question about two of my dogs. I was with someone for 6 years and after a year in a relationship. He gifted me a dog. I also ended up buying my other dogs. In that relationship every time I tried to leave he would threatened to take both dogs. It took me a while before I... Read more »
Even though dogs are part of the family, this actually isn't a family law issue, it is a property issue. In divorces, pets are handled in the same way as property and divided between the parties in some way. Sometimes there is an every-other-week arrangement like you agreed to previously. When...Read more »
Clause- “while child is of young age and unable to contact other parent without assistance of custodial parent, the parties shall engage in a nightly telephone call to allow the child to allow the child to communicate with noncustodial parent”.
It is really hard to say how a judge would decide, but as long as you are making an effort in good faith and the child doesn't want to, there isn't much you can do. It does sound like your daughter has outgrown the way that section of your agreement is worded. You may want to start the...Read more »
Custody battle. I am filing on terms of parental alienation, emotional and physiological abuse. There's a pre trial conference but the other parties lawyer emailed me stating the court requires a meeting beforehand. I don't feel comfortable speaking in this meeting with just myself and... Read more »
The pretrial order you received from the court should explain exactly what you need to do and when. Some judges require the parties to meet at least a week or two before the hearing. If you decline to meet the other party's attorney will likely bring that to the court's attention. This...Read more »
They have an agreement that neither party can make a decision in regards to their child without first speaking to other parent and developing an agreement. As having a sibling would effect their child does he and I trying for a child fall under that agreement
Having another child isn't something you need to have approved by your ex. It never hurts to let them if you have a good relationship, but definitely not required. It sounds like you and your ex share legal custody, which means you have to work together on medical and education decisions, but...Read more »
I moved away from him with our two kids 5 years ago. ( TN to MA ) He got a lawyer and we went to mediation, I ended with custody and he gets visitation rights that I have to pay for. ( plane tickets ) I now want to move in with my boyfriend of 4 years, but it’s to a different state ( FL ). Can... Read more »
Good question. It really depends on the agreement that you came to with your ex when you moved away. If there is any restriction about moving to any state other than TN, then obviously it would be an issue.
Realistically, there should be no impact on your ex if you are paying for the...Read more »
Father thought he was making the best decision for his two children, the mother wasn't willing to work with him about anything and he didn't want to put his kids through that. She told him he could still see them and be in their lives but five years later and that is not the case. He... Read more »
If the case where this happened was in NH originally and the kids still live in NH, this would be a NH case and the laws may be slightly different. In general, unless there was something in the written agreement he probably doesn't have much of an argument, unfortunately. Obviously, every case...Read more »
Divorced 12/2012, X signed quitclaim deed giving me sole ownership of home in 9/2013, mortgage is in my name alone. Child is now 23 and X is demanding I sell the house and give him half. Child support was paid via payment to mortgage company to reduce monthly chasing for payment. Does the... Read more »
That is really hard to say without knowing the specifics of the Separation Agreement that was signed as part of the divorce or divorce judgment if it was decided by a judge. It isn't all that uncommon for one spouse to stay in the home until the kids finish school and then the house sold at...Read more »
It really depends on the custody order that is in place and why they are withholding visits. Parenting time and custody arrangements are supposed to be honored despite other quarantine restrictions so that alone isn't a valid reason to deny visits. If you are concerned about the child's...Read more »
You can download the forms you need from the mass.gov site (search for 209C). There are a few more steps to the process if you are not on the birth certificate which would entail establishing paternity through a DNA test.
Whichever situation you are in, all the forms need to be completed...Read more »
The courts view pets as property, therefore this isn't really a family law issue even though all the parties are (or were) family members. He could file a claim in small claims court or if he has documentation that the dog belongs to him (registration, etc.) he might be able to bring a...Read more »
She says she wants a divorce; but hasn’t served me yet. She makes roughly $40,000 more a year than me but has only $10,0000 in savings. I have substantially more money in the bank than her. We have always had separate accounts since marriage began 12 years ago and split bills evenly. She likes to... Read more »
It's good that you have kept separate finances throughout the marriage, but anything acquired during the marriage is generally considered to be part of the marital estate and subject to equitable division. That doesn't mean everything will be equally divided, just fairly divided based on...Read more »
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